158-76 Cayton, Linwood

A FEDFJAL PEIRWT IS RtQUMEU
T.ACT U. S. A3flY-OBPS OF
P. 0. " 1390
r;. — Laaot
State of North Carolina
Department of Natural and Economic Resources
PERMIT
TO EXCAVATE AND/OR FILL
(Re: G. S. 113-229)
Issued to: Linwood L. Cayton
Rt. 1, Box 113 Aurora, North Carolina 27806
'� li " C
Permit No. 158-76
Permit Class
NEW
This permit authorizes excavation and/or fill work in Beaufort County, N. C.
at South Creek (E. side, off SR 1919) as requested in the permittee's
application dated 4/6/76 & attached plat dated revised August 6, 1976 subject to
the conditions set forth below.
(1) That the excavation be conducted below the normal high water mark.
(2) That all excavated materials be confined above mean high water and landward
of regularly or irregularly flooded marshlands.
(3) That the bulkhead must not exceed 5' from the normal high water mark at any
point along its alignment.
(4) That the south end of the proposed bulkhead may extend no further southward
than the southeast corner of the proposed boat basin, and further that the
proposed boat basin be positioned as indicated on the attached plat.
(5) That spoil be spread and landscaped with necessary installation of retaining
structures to control erosion of spoil during excavation.
(6) That all disturbed land areas be stabilized with a vegetative cover and
other appropriate means within four weeks after completion of land
disturbing activities.
(7) That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside of the area of construction or construction -
related discharge (increases of 25 JTU's or less are not considered signifi-
cant).
THAT IF THE ABOVE CONDITIONS AND THE PLANS AND SPECIFICATIONS SUBMITTED AS PART
OF THE APPLICATION (WHERE NOT IN CONFLICT WITH THE CONDITIONS) ARE NOT FOLLOWED
PRECISELY, THE PERMITTEE IS SUBJECT TO A FINE, IMPRISONMENT, OR CIVIL ACTION AS
PROVIDED IN G. S. 113-229 (K) AND (L).
That this permit may be objected to by the permittee within twenty (20) days of the date of issuance. Failure
to submit such objection shall be interpreted as an agreement of compliance with all permit conditions.
That this permit must be displayed along with a copy of the application and the project plat in the cab (or
pilot -house) of the equipment working on the project, or be easily accessible, on site, to Department person-
nel when the project is inspected.
That any maintenance work or project modification requires further Departmental approval. Subject to
permit renewal, all work must cease when permit terminates.
This permit terminates on December 31 1978
Issuing Date: September 8, 1976
Signed by the authority of the Secretaryof the
Departme t of Natural zEcono .c ReResources
Z� 2a��" M
Form D&F-g
Revised 3/76
Edward G. MCCoy Difector
Division of Marine Fisheries

NERNorth Carolina Department of
Natural & Economic Resources
JAMES E. HOLSHOUSER, JR., GOVERNOR • JAMES E. HARRINGTON, SECRETARY
Date
Mr. James T. Brown, Chief
Estuarine Studies Section
Division of Marine Fisheries
Box 769
Morehead City, North Carolina 28557
Dear Mr. Brown:
The attached copy of an application submitted by:
Applicant's Name
DIVISION OF
MARINE FISHERIES
EDWARD G. McCOY
DIRECTOR
80X 27687. RAI. EIGH 27611
TELEPHONE [phone]
-RF cEIV ED
'JUN j F ,o
N. C. DEFT. NER
KARINE F15111E£IES
for a state permit to perform excavation and/or fill work in coastal North
Carolina is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
P1 are ndicate on the reverse side of this form your viewpoint on the
propose wor and return to the Division of Marine Fisheries not later than
LLT:dah
Sincerely,
C' ��/
L. Leo Tilley, Assistant Director
Division of Marine Fisheries
(Please use reverse side for comments and signature.)

L_1 (A) This agency interposes no objection to the proposed work.
❑ (B) This agency objects to the project as proposed. The objection is
based upon findings which lead to the conclusion that there will
be one
or more
adverse effects as covered in G. S. 113-229 (e) 1-5.
❑
(e)(1)
... that there will be significant adverse effect
of the proposed dredging and filling on the use of
the water by the public;
❑
(e)(2)
that there will be significant adverse effect
on the value and enjoyment of the property of any
riparian owners;
❑
(e)(3)
... that there will be significant adverse effect
on public health, safety, and welfare;
❑
(e)(4)
... that there will be significant adverse effect
on the conservation of public and private water
supplies;
❑
(e)(5)
... that there will be significant adverse effect
on wildlife or fresh water, estuarine or marine
fisheries.
a(C) Agency
findings
relating to item(s) A and/or B are hereby detailed.
❑
Detailed
comments continued on attached sheet.
No objections with following conditions: (1) That the excavation be conducted below the
normal high water mark; (2) That all excavated materials be confined above XMI and land-
ward of regularly or irregularly flooded marshlands; (3) That the bulkhead must not exceed
51 from the normal high water mark at any point along its alignment; (4) That the south
end of the proposed bulkhead may extend no further southward than the southeast corner of
the proposed boat basin] and further that the proposed boat basin be positioned as indicated
on the attached plat.
❑ (D) Comments are submitted that do not directly relate to item.B but
are relevant to the public interest. (These comments will be for-
warded by the Department of Natural and Economic Resources to
appropriate State or Federal agencies.)
J. T. Brown
Signed
Date

Div. Marine Fisheries
PO Box 769
Morehead Cityy NC 28557
August 10, 1976
MEMORANDUM TO - Jim Brown
From Bob Pittman
Subject App. for State permit - Linwood L. Cayton 4-6-76
Location - Beaufort County- South Creek
Investieative process - Met app. on site 4-2-76. App. rec. in Raleigh 6-15-76; Morehead
6-16-76. Req. additional info 7-7-76 and rec. 7-21-76. Req. additional info 7-29-76
and rec. 8-5-76.
Environmental setting - The project is located in Beaufort County on the east side of
South Creek near the end of SR 1919. The subject site consists of a 330' wide by 200'
deep high ground lot on South Creek. The lot has been cleared,, and a recently construc-
ted home is now located on the site. A50' wide by 75' long area of black needlerush
(Juncus) is located at the SW corner of the property. The remainder of the site is
dominated by large oak and gum. The shoreline of the property is receiving moderate
erosion and is characterized by a 5-6' high clay bank which drops abruptly to the wa-
ters of South Creek. There is little or no marsh grass along the shore of the property
with the exception of that area previously mentioned near the SW property corner.
Project description - The applicant proposes to excavate a 30' long by 20' wide boat
basin approximately 50-75' from the SW corner of the property. The basin will be lo-
cated below MHW and will be covered by a boat house. A dragline is to be used for the
work to achieve a depth of 5. A 200' long by 3' aide pier is also proposed to extend
from the present shoreline to the deeper waters of South Creek. The shoreline of the
property is to be bulkheaded with a 200' long wooden structure. The bulkhead is to be
aligned at or near the MHW line. Spoil material resulting from the basin excavation
will be spread behind the bulkhead in order to achieve an even grade between the bulk-
head and the applicant's yard area. The applicant indicates that the marsh grass near
the SW property corner will not be disturbed.
Environmental impact - The area to be excavated is 6onfined below the MHW line and
will disturb no marsh grass. The proposed disposal area consists of the applicant's
front yard and behind the proposed bulkhead and will destroy no marsh grass. The pro-
posed bulkhead is to be aligned at or near the MHW line., therefore encompassing little
or no important estuarine area. The proposed project will cause some short term local
turbidity.

PKDRSED BUNKAb
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North Carolina Department of
Natural & Economic Resources
JAMES E. HOLSHOUSER, JR., GOVERNOR • JAMES E. HARRINGTON, SECRETARY
Mr. Linwood L. Cayton
Route 1, Box 113
Aurora, N. C( 27806
Dear Mr. Cayton:
DIVISION OF
MARINE FISHERIES
EDWARD G. MCCOY
DIRECTOR
BOX 769, MOREHEAD CITY 28557
TELEPHONE [phone]
July 29, 1976
I have received your modified plat dated July 20, 1976, concern-
ing your proposed boat basin, boat house, and bulkhead at your
South Creek property. Your modified plat, however, is inadequate
and unacceptable for circulation to State review agencies.
I would suggest that you prepare another plat following more closely
the "example" plat which I sent you on July 7, 1976 (another copy
attached). A new drawing should be crosshatched at the proposed basin
excavation site, andatitle block should be included on the new draw-
ing which shows the scale used. You should also indicate the pro-
posed new bulkhead along the South Creek shoreline. With small ex-
ception, I believe your new drawning can be done by simply tracing
my example.
I realize that our request for a new drawing may seem somewhat trivial
to you, but your proposal will be reviewed by some 10 other State agen-
cies who are not familiar with your project site, and these agencies
must rely heavily upon your drawing to fully understand your project
proposal.
We are placing your application in our pending file until we hear from
you. If you have any questions, please feel free to contact me.
RP/rt
encl.
CC Raleigh office
Corps of Eng.
(A�•
6
;MERICAS
MST INDINTRY
Cordially
y(y
o�ur�s,-WA -
Robert Pittman, Biologist
Estuarine Studies Section

Route 1 , Box 113
Aurora, North Carolina
July 19 $1976
Mr. Robert Pittman
Box 769
Morehead City, N.C.
Dear Mr. Pittman:
The modification which I have requested for my boat house is
enclosed in a rough draft. I feel this codification would
have less impact on the environment and would serve my use.
Thank you for your cooperation and if there are any further
questions please contact me.
Yours truly#
Lin�L. Cayton

North Carolina Department of
Natural & Economic Resources
JAMES E. HOLSHOUSER, JR., GOVERNOR
Mr. Linwood L. ayton
Route 1, Box 11
Aurora, N. C. 2
Dear Mr. Cayton:
JAMES E. HARRINGTON, SECRETARY
1�xN .
�J QEQ( EQ�ES Vy 7,
DIVISION OF
MARINE FISHERIES
EDWARD G. MCCOY
DIRECTOR
BOX 769. MOREHEAD CITY 28557
TELEPHONE [phone]
1976
I am writing concerning your April 6, 1976, dredge and fill applica-
tion for a project at your home on South Creek. I understand from
our phone conversation of •July 6, 1976, that you wish to modify
your present State dredge and fill request to the extent that the
proposed boat basin is to be located waterward of the mean high wa-
ter line and just south of your proposed pier line. I further un-
derstand that the proposed basin will be covered by a boat house.
Your disposal area has been modified in that all spoil material will
now be placed on the north side of the small marshy area which is
located near your southern property line. I understand this spoil ma-
terial is to be spread in your yard and used as backfill behind your
intended bulkhead.
I am enclosing an "example" drawing which I feel reflects your project
modifications. You should prepare a new drawing following my example
and forward a copy (along with a letter of explanation) to me at our
Morehead City office. A like copy should also be forwarded to the U.S.
Army Corps of Engineers office in Wilmington.
If you have additional questions on this matter, please feel free to
contact me at any time.
Cordially yours,
Robert Pittman, Biologist
RP/rt( encl. Estuarine Studies Section
CC Corps of Eng.
Raleigh office

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' APPLICATION FOR PER T� EX9 D/OR FILL v -J
State of North Carolina "th Departm
Department of Natural and Economic Resources �h Corps of Engine" t 'n istrict
(Re: GS 113-229) ,j jM 15 1976 (Re: Riven and Harbor Act of 1899)
Please type or print and fill in all blanks. If the information requested is not applicable, so MARINE FISHERIES
indicate by placing N/A in the blank. DIV. OF MARINE FISHERIES
I. Applicant Information: _
A. Name - C fi Y/_ D e 4
ast First Middle
B. Address D X. 113 /Y 7-
Street, P.O. Box or Route
lJ /aa %dli A/,C. a ) �0 6 3�a Sa s/
City or Town Nta a Zip Code Phone
I. Location of Proposed Project:
A. County 1-3 ) it U F d %1 %
B. 1. City, town, community or landmark I% R D R n
2. Is proposed work within city limits? Yes - No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
so uTN C R L-IEIc
III. Description of Operation: /
AA. Maintenance of existing project 2. New work ✓
B. Purpose of excavation or fill
1. Access channel -length -width
depth
'-�NV2.Boat basin ✓' length, d widths J D
�Ldepth�
3. Fill area length- width /
depthT '
4.Other length width
_depth
�J
C. 1. Bulkhead dimensions? c2 d c �yi/C�rzr `L)
2. Type of bulkhead construction (material) W o Cn
D. Excavated material (total for project)
1. Cubic yards 2. Type of material
% E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 2. Type of material
IV. Land Type, Excavated Material, and Construction Equipment:
A. Does the area to be excavated include any marshland? Yes _No ✓
o a7C /� GA
7 B. Does the disposal area include any marshland? YesNo ✓
C. Disposal area 1. Locations D " 'f
2. Do you claim title to disposal are
D. Fill material source if fill is to be trucked in
E. How will excavated material be entrapped or encased?
F. Type of equipment to be used
G. Will marshland be crossed in transporting equipment to project site? (If yes,
V. Describe Intended Use of Project Area:
A. 1. Private
2. Commercial
3. Housing Development or Industrial
4. Other
D&F-B1
Rev. 3/74

B. 1. Lot size(s)
2. Elevation of lot(s) above mean high water
3. Soil type or texture
4. Type of building facilities or structures 12 o / E
S. Method of sewage disposal or treatment
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes —No
B. 1. Will any runoff or discharge enter adjacent waters. as a result of project activity or planned use of the
area following project completion? Yes —No
2. Type of discharge
3. Location of discharge
VII. Present rate of shoreline erosion (if known):
Vill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable:
IX. Length of time required for project activity: _ % % 0 o /,/ % N
X. In addition to the completed application form, the following items must be provided:
A. Attached a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land. (Note: Federal law requires the
applicant to be the owner or his designated agent).
B. Attach an accurate work plat drawn to scale on 8%2" X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent ri avian landowners by registered or
certified mail or by publication (G. S. 113-229 (g) (9) and (10)). Enter date served �-_ 't^
Such owners have 30 days in which to submit comments to agencies listed below.
D. List the names and complete addresses of the riparian landowners with property adjoining applicant's
tract.
C_L�/%/l7S �RP
DATE .�% r/• II / C �Y%� �, �iarcJ .
Applicant's Signatur
Send one completed copy each to:
Permit Section District Engineer
Division of Marine Fisheries Department of the Army
Department of Natural & Economic Resources Wilmington District Corps of Engineers
P. O. Box 27687 i P. O. Box 1890
Raleigh, North Carolina 27611 Wilmington, North Carolina 28401
Ph. 919-829-3767
(Note: attach Corps cover letter)
D&F-B2 f Ph.919-763-9971 Ext.565
Rev. 3/74 �
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